STAFF REPORT: CONSENT CALENDAR. Vasanth Venugopal. 367 Via Lido Soud, City of Newport Beach (County of Orange)

Transcription

1 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA (562) EDMUND G. BROWN, Jr., Governor F 15c Filed: July 23, th Day: Jan. 18, 2014 Staff: F. Sy-LB Staff Report: Oct. 24, 2013 Hearing Date: Nov , 2013 STAFF REPORT: CONSENT CALENDAR Application No.: Applicant: Agent: Location: Project Description: Staff Recommendation: Vasanth Venugopal Plamen Petrov, P.E. 367 Via Lido Soud, City of Newport Beach (County of Orange) A major remodel and addition to an existing two-story, singlefamily residence on a beach fronting lot resulting in a 24-foot tall, 2,948 square foot residence with a 459 square foot, two (2)-car garage. Grading will consist of 283 cubic yards of cut, 217 cubic yards of fill and 66 cubic yards of export to a location outside of the Coastal Zone. Approval with conditions. SUMMARY OF STAFF RECOMMENDATION: The applicant is proposing a major remodel and addition to an existing two-story single-family residence on a non-bulkhead bay front lot located between the first public road and the sea (in this case Newport Bay) on Lido Island. The project site is located along a portion of Lido Island that has a paved public access walkway along a narrow section of a public sandy beach. The major issue of this staff report concerns bay front development that could be affected by flooding during strong storm events and/or extreme tides. Commission staff is recommending approval of the proposed project with Seven (7) Special Conditions regarding: 1) assumption of risk; 2) no future shoreline protective device; 3) future development; 4) storage of construction materials, mechanized equipment, and removal of construction debris; 5) conformance with the submitted drainage and run-off control plan; 6)

2 (Venugopal) landscaping controls; and 7) a deed restriction against the property, referencing all of the Special Conditions contained in this staff report. The proposed development amounts to major improvements to an existing residential structure that will not result in any bayward encroachment. The proposed residence constitutes new development for the purposes of Sections and of the Coastal Act because more than 50% of the existing structure will be demolished. Because the proposed project includes new development, it can only be found consistent with Section of the Coastal Act if a shoreline protective device is not expected to be needed in the future. The proposed development appears to be safe from flood hazards on the basis of available information provided by the applicant and is therefore consistent with Coastal Act section 30253(a). Nonetheless, the development would be located on a bay front beach and changed circumstances in the future regarding sea level rise, shoreline sand supply, erosion, seismic activity, and storm intensity could result in threats to the structure. Future shoreline protection to address such threats could conflict with Coastal Act requirements regarding public access and recreation, shoreline sand supply, and protection of views to and along the shoreline. Thus, the Commission imposes a special condition requiring No Future Shoreline Protective Device and a deed restriction providing notice to future owners. Section 30600(c) of the Coastal Act provides for the issuance of Coastal Development Permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program (LCP). The City of Newport Beach only has a certified Land Use Plan (LUP) and has not exercised the options provided in 30600(b) or to issue its own permits. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. 2

3 (Venugopal) TABLE OF CONTENTS I. MOTION AND RESOLUTION 4 II. STANDARD CONDITIONS 5 III. SPECIAL CONDITIONS 6 IV. FINDINGS AND DECLARATIONS 8 A. PROJECT LOCATION AND DESCRIPTION 8 B. HAZARDS 9 C. DEVELOPMENT 9 D. PUBLIC ACCESS 10 E. WATER QUALITY 10 F. DEED RESTRICTION 10 G. LOCAL COASTL PROGRAM (LCP) 10 H. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 10 APPENDICES Appendix 1 Substantive File Documents EXHIBITS Exhibit #1 Location Maps Exhibit #2 Site Plan Exhibit #3 Floor Plans Exhibit #4 Elevation Plans 3

4 (Venugopal) I. MOTION AND RESOLUTION Motion: I move that the Commission approve the Coastal Development Permit applications included on the consent calendar in accordance with the staff recommendations. Staff recommends a YES vote. Passage of this motion will result in approval of all the permits included on the consent calendar. The motion passes only by affirmative vote of a majority of the Commissioners present. Resolution: The Commission hereby approves a Coastal Development Permit for the proposed development and adopts the findings set forth below on grounds that the development as conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3. Approval of the permit complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment, or 2) there are no further feasible mitigation measures or alternatives that would substantially lessen any significant adverse impacts of the development on the environment. II. STANDARD CONDITIONS This permit is granted subject to the following standard conditions: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 4

5 (Venugopal) II. SPECIAL CONDITIONS 1. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from waves, erosion, storm conditions, liquefaction, flooding, and sea level rise; (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission s approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. 2. No Future Shoreline Protective Device. A. By acceptance of this permit, the applicant agrees, on behalf of himself or herself and all other successors and assigns, that no shoreline protective device(s) shall ever be constructed to protect the development approved pursuant to Coastal Development Permit No including, but not limited to, the residence and garage, foundations, and patio, and any future improvements, in the event that the development is threatened with damage or destruction from waves, erosion, storm conditions, flooding, sea level rise or other natural hazards in the future. By acceptance of this permit, the applicant hereby waives, on behalf of himself or herself and all successors and assigns, any rights to construct such devices that may exist under Public Resources Code Section B. By acceptance of this permit, the applicant further agrees, on behalf of himself or herself and all successors and assigns, that the landowners shall remove the development authorized by this permit, including the residence and garage, foundations, and patio, if any government agency has ordered that the structures are not to be occupied due to any of the hazards identified above. In the event that portions of the development fall to the beach before they are removed, the landowners shall remove all recoverable debris associated with the development from the beach and ocean and lawfully dispose of the material in an approved disposal site. Such removal shall require a Coastal Development Permit. 3. Future Development. This permit is only for the development described in Coastal Development Permit No Pursuant to Title 14 California Code of Regulations Section 13250(b)(6), the exemptions otherwise provided in Public Resources Code Section 30610(a) shall not apply to the development governed by Coastal Development Permit No Accordingly, any future improvements to the residence and garage, foundations, and patio authorized by this permit, including but not limited to repair and maintenance identified as requiring a permit in Public Resources Section 30610(d) and Title 14 California Code of Regulations Sections 13252(a)-(b), shall require an amendment to Permit No

6 (Venugopal) 0370 from the Commission or shall require an additional Coastal Development Permit from the Commission or from the applicable certified local government. 4. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris. The permittee shall comply with the following construction-related requirements: A. No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion. B. No demolition or construction equipment, materials, or activity shall be placed in or occur in any location that would result in impacts to environmentally sensitive habitat areas, streams, wetlands or their buffers. C. Any and all debris resulting from demolition or construction activities shall be removed from the project site within 24 hours of completion of the project. D. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. E. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. F. The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. G. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the Coastal Zone, a Coastal Development Permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. H. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. I. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. J. The discharge of any hazardous materials into any receiving waters shall be prohibited. K. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. L. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction-related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on-set of such activity. 6

7 (Venugopal) M. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 5. Conformance with Drainage and Run-Off Control Plan. The applicant shall conform with the drainage and run-off control plan received on June 5, 2013 showing roof drainage and runoff from all impervious areas directed to trench drains and percolation pits. Any proposed changes to the approved plan shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 6. Landscaping-Drought Tolerant, Non-Invasive Plants. Vegetated landscaped areas shall only consist of native plants or non-native drought tolerant plants, which are non-invasive. No plant species listed as problematic and/or invasive by the California Native Plant Society ( the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) ( or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a noxious weed by the State of California or the U.S. Federal Government shall be utilized within the property. All plants shall be low water use plants as identified by California Department of Water Resources (See: 7. Deed Restriction. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and approval documentation demonstrating that the landowners have executed and recorded against the parcel(s) governed by this permit a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property; and (2) imposing the Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The deed restriction shall include a legal description of the entire parcel or parcels governed by this permit. The deed restriction shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the terms and conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes, or any part, modification, or amendment thereof, remains in existence on or with respect to the subject property. 7

8 (Venugopal) IV. FINDINGS AND DECLARATIONS: The Commission hereby finds and declares: A. PROJECT LOCATION AND DESCRIPTION The subject site is located at 367 Via Lido Soud within the City of Newport Beach, Orange County (Exhibit #1). The lot size is 2,700 square feet. The City of Newport Beach Land Use Plan (LUP) designates the site as Multi-Unit Residential (RM-E); the proposed project is a single-family residence allowable under this designation. The project is located within an existing urban residential area, located on Lido Island in Newport Bay. The site is a bay front lot which has not been bulkheaded, located between the first public road and the sea (in this case Newport Bay) on Lido Island. The project site is located along a portion of Lido Island that has a paved public access walkway along a narrow section of a public sandy beach (approximately 40 feet wide measured using images and tools available on Google Earth). Due to its bay front location, the project site may be potentially exposed to damage or destruction from waves, erosion, storm conditions, flooding, sea level rise or other natural coastal hazards in the future. The applicant is proposing a major remodel and addition of an existing two-story, 3,038 singlefamily residence with an attached 459 square foot, two (2)-car garage. The existing single-family residence will be completely demolished, while one (1) of the walls (fronting Via Lido Soud) of the existing attached garage will be demolished. The remaining garage walls will be kept intact and incorporated into the design of the new single-family residence. The proposed residence will be setback further landward than the existing residence. Post project, the residence will be two-stories, 24-feet above finished grade, and consist of 2,948 square feet with an attached 459 square foot, two (2)-car garage (Exhibits #2-4). The rear yard bayward patio will have an 18-inch high garden wall along the western property line adjacent to the paved public access walkway. The foundation system will consist of footings and slab on grade. Grading will consist of 283 cubic yards of cut, 217 cubic yards of fill and 66 cubic yards of export to a location outside of the Coastal Zone. The agent submitted a Hazards Analysis included in a letter dated July 22, In this letter it states that the highest high tides in Newport Beach have reached approximately +7.8-feet above MLLW (Mean Lower Low Water) twice, once on January 28, 1983 and again on January 10, According to the drawings for the proposed project, the finished floor elevation is feet MLLW. Thus, the project has been designed to be at an elevation above the known highest high tides in the area. The current design flood elevation in Newport Bay is +9 feet NAVD or +9.2 feet MLLW and the proposed new structure would be above that elevation. However, were there to be a 3-foot rise in sea level as some scientists anticipate over the next 100 years, the bay level during flood conditions could approach the finish floor elevation of feet MLLW. Furthermore, the development would be located on a bay front beach and changed circumstances in the future regarding sea level rise, shoreline sand supply, erosion, seismic activity, and storm intensity could result in threats to the structure. Future shoreline protection to address such threats could conflict with Coastal Act requirements regarding public access and recreation, shoreline sand supply, and protection of views to and along the shoreline. Therefore, to ensure that the proposed new 8

9 (Venugopal) development minimizes risks to life and property in areas of high flood/coastal hazards, the Commission imposes Special Condition No. 2 requiring the applicant to agree, on behalf of himself and all other successors and assigns, that no shoreline protective device(s) shall ever be constructed to protect the development approved pursuant to this CDP, including but not limited to, the residence, garage, foundations, and patio, and any future improvements, in the event that the development is threatened with damage or destruction from waves, erosion, storm conditions, flooding, sea level rise or other natural hazards in the future. The applicant is proposing water quality improvements as part of the proposed project, consisting of rooftop and surface drainage directed to trench drains and percolation pits. Due to the waterfront location of the proposed development, there is a substantial risk of bird strikes. Clear glass walls are known to have adverse impacts upon a variety of bird species. Birds are known to strike glass walls causing their death or stunning them which exposes them to predation. Birds strike the glass because they either don t see the glass, or there is some type of reflection in the glass which attracts them (such as the reflection of bushes or trees that the bird might use for habitat.). The applicant has proposed to address this issue by using frosted glass instead of clear glass for the glass railings along the bay fronting decks. The proposed project will not have an adverse effect on public access. The project site is located along a portion of Lido Island bordered by a paved public access walkway along a narrow section of a public sandy beach. The proposed residence is setback further from the bayward property line that extends up to the City s paved public access walkway than the other residences located in the area. Vertical public access to this beach is available at the end of Via Genoa, 250 feet south of the site. Lateral public access is available along the paved walkway and sandy public beach seaward of the subject site. B. HAZARDS Development adjacent to the ocean is inherently hazardous. Development which may require a protective device in the future cannot be allowed due to the adverse impacts such devices have upon, among other things, public access, visual resources and shoreline processes. To minimize the project s impact on shoreline processes, and to minimize risks to life and property, the development has been conditioned to: require an appropriate set-back from the water; require a drainage and runoff control plan to direct, treat, and minimize the flow of water offsite; prohibit construction of protective devices (such as a seawall) in the future; and to require that the landowner and any successor-in-interest assume the risk of undertaking the development. As conditioned, the Commission finds that the development conforms to the requirements of Sections and of the Coastal Act regarding the siting of development in hazardous locations. C. DEVELOPMENT The development is located within an existing developed area and is compatible with the character and scale of the surrounding area. However, the proposed project raises concerns that future development of the project site potentially may result in a development which is not consistent with the Chapter 3 policies of the Coastal Act. To assure that future development is consistent with the Chapter 3 policies of the Coastal Act, the Commission finds that a future improvements special 9

10 (Venugopal) condition be imposed. As conditioned the development conforms with the Chapter 3 policies of the Coastal Act. D. PUBLIC ACCESS The proposed development will not affect the public s ability to gain access to, and/or to use the coast and nearby recreational facilities. Therefore, as proposed the development, as conditioned, conforms with Sections through 30214, Sections through 30224, and of the Coastal Act. E. WATER QUALITY The proposed development has a potential for a discharge of polluted run-off from the project site into coastal waters. The development, as proposed and as conditioned, incorporates design features to minimize the effect of construction and post-construction activities on the marine environment. These design features include, but are not limited to, the appropriate management of equipment and construction materials, reducing run-off through the use of permeable surfaces, the use of non-invasive drought tolerant vegetation to reduce and treat the run-off discharged from the site, and for the use of post-construction best management practices to minimize the project s adverse impact on coastal waters. Therefore, the Commission finds that the proposed development, as conditioned, conforms with Sections and of the Coastal Act regarding the protection of water quality to promote the biological productivity of coastal waters and to protect human health. F. DEED RESTRICTION To ensure that any prospective future owners of the property are made aware of the applicability of the conditions of this permit, the Commission imposes one additional condition requiring that the property owner record a deed restriction against the property, referencing all of the above Special Conditions of this permit and imposing them as covenants, conditions and restrictions on the use and enjoyment of the Property. Thus, as conditioned, any prospective future owner will receive actual notice of the restrictions and/or obligations imposed on the use and enjoyment of the land including the risks of the development and/or hazards to which the site is subject, and the Commission s immunity from liability. G. LOCAL COASTAL PROGRAM (LCP) The LUP for the City of Newport Beach was effectively certified on May 19, The certified LUP was updated on October 8, As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. H. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The City of Newport Beach is the lead agency responsible for certifying that the proposed project is in conformance with the California Environmentally Quality Act (CEQA). The City determined that in accordance with CEQA, the project is ministerial or categorically exempt. Section 13096(a) of the Commission's administrative regulations requires Commission approval of Coastal Development Permit applications to be supported by a finding showing the application, as 10

11 (Venugopal) conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Although the proposed development is categorically exempt from CEQA, the Commission has imposed conditions to ensure conformity with Coastal Act requirements. As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and consistent with the requirements of the Coastal Act and CEQA. 11

12 (Venugopal) APPENDIX A SUBSTANTIVE FILE DOCUMENTS: Approval-In-Concept from the City of Newport Beach Planning Department May 24, 2013; Letter from Plamen Petrov, P.E. to Commission staff dated June 4, 2013; Preliminary Geotechnical Investigation, Proposed Venugopal Residence Remodel, 367 Via Lido Soud, Lido Isle, Newport Beach, California prepared by P.A. & Associates, Inc. (Project File No ) dated October 1, 2012; Letter from Commission staff to Plamen Petrov, P.E dated July 2, 2013; and Letter from Plamen Petrov, P.E. to Commission staff dated July 22,

13

14

15

16

17

18